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FRASER v. 301-52 TOWNHOUSE CORP.

8584, 113586/02.

101 A.D.3d 628 (2012)

958 N.Y.S.2d 37

2012 NY Slip Op 9153

COLIN FRASER et al., Respondents, v. 301-52 TOWNHOUSE CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

December 27, 2012.

Plaintiffs' premises liability claims are based on an alleged toxic mold condition in their former cooperative apartment. In his deposition, plaintiff Colin Fraser attributed the claimed lost earnings to lethargy which, according to plaintiffs Colin Fraser's and Pamela Fraser's supplemental bill of particulars, was a consequence of plaintiffs' exposure to the mold contamination. Damages for the resultant lost earnings are therefore...

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